Análise crítica ao regime das escutas telefónicas

• Autor(a) principal: Coelho, Bárbara Sofia Horta
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/148924
• topic: Juízo Central Criminal de Almada; Meio de obtenção de prova; Escutas telefónicas; Direitos fundamentais; Conhecimentos fortuitos; Reforma de 2007; Central Criminal Court of Almada; Obtaining evidence; Wiretapping; Fortuitous knowledge; 2007 reform; Direito

The current report translates the internship done during 4 months in the Central Criminal Court of Almada. It is reported all the developed activities and experiences acquired, as well as the composition and operations of the Court. In addition, this report focuses on the specificities and particularities of the Telephone/Wiretapping Law, as means of obtaining evidence. The highly harmful and restrictive nature of fundamental rights associated with wiretapping requires a thoughtful reflection on the part of the Criminal Investigation Judge regarding its use. It requires compliance with all the legal requirements and formalities. The principles of proportionality and necessity are essential in this matter, as evidence will only be acceptable and legal if it cannot be obtained in a less intrusive way. Therefore, it is important to highlight the consequences of illegitimate interference in communications, which entails not only harm to the target subject of the telephone tapping, but also a risk to the criminal investigation due to the impossibility of using all the evidence that resulted from the illegal wiretapping. Regarding wiretapping, multiple affairs can be discussed between several interlocutors, which may not relate directly to the crime that originated the approval of the wiretapping. That kind of information is known as fortuitous knowledge. As for these, the opinions that totally refuse their valuation as evidence are excluded, essentially after the 2007 reform of the Code of Criminal Procedure. The adding of paragraph 7 to article 187, allowed fortuitous knowledge to be submitted to a conditional valuation, making that information acceptable as evidence in another criminal case. The main goal of this report is to perform a critical consideration of the questions that are raised regarding wiretapping, looking for balanced and flexible solutions, supported by law and jurisprudence.